Lawyers Leicester

SERVICES FOR OLDER CLIENTS IN LEICESTER

I am disabled and cannot make it to a solicitor’s office.  Can you advise me ?

Leicester solicitors offer a tailored service for elderly clients.  If you cannot make it to our offices, we are able to arrange a home visit.  Many legal issues can also be dealt with the telephone if your disability allows.

Can I make my own will ?

Yes, you can make your own will subject to fulfilling certain legal requirements – the will must be in writing, it must be witnessed by two persons with sufficient mental capacity, the person making the will must have sufficient mental capacity and be free from undue influence or duress.

Whilst there is nothing to stop you from making your own will, it can be a risky move.  You could miss certain key legal requirements and may not consider how to make significant inheritance tax savings, the range of trust options at your disposal etc.

What is duress ?

Duress occurs where threats are made on a person making a will that influences his very decision to make a will, the contents of it and who the beneficiaries are.

What is undue influence ?

Undue influence occurs where the person making a will is psychologically dominated or influenced by an adviser into conferring the adviser will an excessive interest in the will.

What is sufficient mental capacity ?

The definition of mental capacity is contained in the Mental Capacity Act 2005.  Sufficient mental capacity can be defined as having the ability to There are five basic principles in the Act:

• Every adult has the right to make his or her own decisions and must be assumed to have capacity to make them unless it is proved otherwise.

• A person must be given all practicable help before anyone treats them as not being able to make their own decisions.

• Just because an individual makes what might be seen as an unwise decision, they should not be treated as lacking capacity to make that decision.

• Anything done or any decision made on behalf of a person who lacks capacity must be done in their best interests.

• Anything done for or on behalf of a person who lacks capacity should be the least restrictive of their basic rights and freedoms.

What is a Lasting Power of Attorney ?

Lasting Power of Attorneys are persons who are empowered to take care of a incapacitated person’s affairs.  There are two types of Lasting Power of Attorney: financial and property, and personal and welfare.

What can a financial and property Lasting Power of Attorney ?

A financial and property Lasting Power of Attorney is empowered to manage an incapacitated person’s bank account and dispose of property and other assets.

What can a personal and welfare Lasting Power of Attorney do ?

A personal and welfare Lasting Power of Attorney is empowered to look after an make arrangements for an incapacitated person’s day-to-day care and give consent to medical treatments.